Franklin v. Hoadley
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the defendants, Joseph H. Hoadley and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 13th day of April, 1909, upon the verdict of a jury, and also from respective orders entered in said clerk’s office on the 16th day. of April, 1909, denying the defendants’ respective motions for a new trial made upon the minutes.
1DissentMiller, J.
There is not now, and has not been on any of the appeals in this case, any difference of view among the members of this court upon the proposition that the declarations of a partner or agent 'are not admissible to prove the partnership or agency and that such declarations can only be received to bind the partnership or principal after prima facie evidence of authority has been given. It is assumed in the prevailing opinion that the only issue in the case was “the existence of the partnership or Judson’s authority to represent Hoadley and Leiter ” and that evidence of Judson’s declarations was…
2Cases cited3 opinions
- Mullen v. J. J. Quinlan & Co.New York Court of Appeals · 1909
- Franklin v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1906
- Franklin v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1908